Sarah McKibbin, Libby Connors, Marcus Harmes

A Legal History for Australia (eBook, PDF)

• Format: PDF

Produktbeschreibung

This is a contemporary legal history book for Australian law students, written in an engaging style and rich with learning features and illustrations. The writers are a unique combination of talents, bringing together their fields of research and teaching in Australian history, British constitutional history and modern Australian law.

The first part provides the social and political contexts for legal history in medieval and early modern England and America, explaining the English law which came to Australia in 1788. This includes:
The origins of the common law
The growth of the legal profession
The making of the Magna Carta
The English Civil Wars
The Bill of Rights
The American War of Independence.

The second part examines the development of the law in Australia to the present day, including:
The English criminal justice system and convict transportation
The role of the Privy Council in 19th century
Indigenous Australia in the colonial period
The federation movement
Constitutional Independence
The 1967 Australian referendum and the land rights movement.

The comprehensive coverage of several centuries is balanced by a dynamic writing style and tools to guide the student through each chapter including learning outcomes, chapter outlines and discussion points.

The historical analysis is brought to life by the use of primary documentary evidence such as charters, statutes, medieval source books and Coke's reports, and a series of historical cameos - focused studies of notable people and issues from King Edward I and Edward Coke to Henry Parkes and Eddie Mabo - and constitutional detours addressing topics such as the separation of powers, judicial review and federalism.

A Legal History for Australia is an engaging textbook, cogently written and imaginatively resourced and is supported by a companion website: https://www.bloomsburyonlineresources.com/a-legal-history-for-australia

Produktdetails

• Verlag: Bloomsbury UK
• Seitenzahl: 448
• Erscheinungstermin: 29. Juli 2021
• Englisch
• ISBN-13: 9781509939596
• Artikelnr.: 62463296

Autorenporträt

Sarah McKibbin is Lecturer in Law at the University of Southern Queensland, Australia.

Inhaltsangabe

1. The Origins of the Common Law Introduction The Sources for Medieval
Legal History Documentary Evidence Treatises Educational Law and Governance
in Pre-Conquest England Impact of the Norman Conquest Feudalism
Centralisation of Royal Justice Juries Instruments of Justice Experiences
of Justice In the Wake of Magna Carta Thirteenth Century Law From the
Middle Ages to Mabo Conclusion 2. The Intellectual Life of the Law and
Lawyers from the Middle Ages to Edward Coke Introduction The Crown and the
Courts The King's Judges Forms of Action and Types of Court Jurisdiction of
the Royal Courts Being in a Medieval Court Trespass: The Versatile Action
The Humber Ferry Case The Legal Profession and its Education Law Reporting
The Year Books Nominate Reports Official Reports Assumpsit Again: Slade's
Case and the Law in Tudor England Slade's Case, 1597-1602 Conclusion 3. The
English Revolutions: Parliament, the King and the Law Courts Introduction
Law and Religion: Sixteenth to Seventeenth Centuries The Ecclesiastical
High Commission The Crown and Common Law Equity and the Common Law Chancery
Star Chamber and Court of Requests The Common Law and Parliament The King
and Parliament Parliament and the Common Law Law and the English Civil Wars
The Interregnum, 1649-60 The Restoration (1660) The Glorious Revolution
Before the Revolution Aft er the Revolution Conclusion 4. Responsible
Government, Law and Justice in Eighteenth-Century England Introduction The
Act of Settlement 1701 The Protestant Succession The Acts of Union 1707
Emergence of Responsible Government The Office of Prime Minister Cabinet
Government Criminal Law and Criminal Trials in the Eighteenth Century
Developments in Criminal Law Public Execution and Justice The Reception of
English Law Abroad Abolition of the Slave Trade Conclusion 5. The American
Constitutional Settlement Introduction The Stamp Act Furore The Boston Tea
Party and the Intolerable Acts The First Continental Congress The
Declaration of Independence The Articles of Confederation The Constitution
of the United States Two Early Political Factions: Federalists and
Democratic-Republicans Conclusion 6. Reform of British Parliament, Society
and Courts in Nineteenth-Century England Introduction Reform of the Courts
The Court for Divorce and Matrimonial Causes Courts of Common Law and
Equity The Judicature Acts Reform of the British Parliament: Modern
Political Parties Catholic Emancipation and Jewish Relief The Great Reform
Act 1832 The Second Reform Acts of 1867-68 Later Nineteenth-Century Reforms
Codification Movement Law and Society in the Nineteenth Century Conclusion
7. The Reception of English Law in Australia Introduction The
Eighteenth-Century Context: Idealism and Slavery The English Criminal
Justice System and Convict Transportation Convicts' Rights The Governor's
Powers Early Colonial Legal System The Court of Criminal Judicature The
Court of Civil Jurisdiction The First Supreme Court of New South Wales The
New South Wales Act 1823, the Third Charter of Justice and the Supreme
Court of New South Wales The Legal Profession in New South Wales: 1788-1859
Reception of English Law Conclusion 8. Self-Government and Law in Colonial
Australia Introduction The End of an Era: Convict Transportation The
Amateur Magistracy in the Colonies The Path to Responsible Government:
1823-50 The New South Wales Act 1823 Australian Courts Act 1828 New South
Wales Constitution Act 1842 Australian Constitutions Act 1850
Representative and Responsible Government from 1850 Bicameralism
Separation, Responsible Government and Unicameralism in Queensland
Colonial Laws Validity Act 1865 Manner and Form The Federal Idea and the
Federal Council of Australasia Conclusion 9. Indigenous Australia and the
Law in the Colonial Period Introduction Aboriginal Australia before
European Contact International Law by 1787 Settlement, Conquest and Cession
Early Contact: British Sovereignty? A New Legal Fiction The Myall Creek
Massacre and Trials 'One Law for All' in Other Australian Colonies The
Melanesian Labour Trade Annexation of the Torres Strait Islands to
Queensland Conclusion 10. Federation Introduction The Federation Movement
Influence of the United States Constitution and Canada's British North
America Act 1867 Federation Debates Australasian Federation Conference,
1890 National Australasian Convention, 1891 Corowa Federation Conference,
1893 National Australasian Convention, 1897-98 Referenda on the
Constitution Bill The Commonwealth of Australia The Commonwealth of
Australia Constitution Act 1900 (UK) High Court of Australia The Privy
Council's Continuing Role Investing Federal Jurisdiction in State Supreme
Courts: The 'Autochthonous Expedient' The Office of Governor-General
Conclusion 11. Australian Constitutional Independence and Legal
Developments of the Twentieth Century Introduction White Australia Policy
Immigration Restriction Act 1901 The Case of Egon Kisch Changing Views of
States' Rights Case Study of Amalgamated Society of Engineers v Adelaide
Steamship Co Ltd Constitutional Independence in Australia Treaty of
Versailles 1919 Balfour Declaration of 1926 Statute of Westminster 1931
Australia in World War II: The Statute of Westminster Adoption Act 1942
(Cth) Judicial Review During the Cold War The Dismissal of Gough Whitlam
Commonwealth and State Alignment: Australia Acts 1986 Termination of Privy
Council Appeals The Mason Court Conclusion 12. The Painful Legacy of
Colonialism: Aboriginal and Torres Strait Islander People and the Law in
Modern Australia Introduction 1967 Australian Referendum Indigenous
Australians and the Right to Vote Amending the Constitution The Gove Land
Rights Case Land Rights Movement The Commonwealth Racial Discrimination Act
1975 Koowarta v Bjelke-Petersen Mabo v Queensland (No 1) Mabo v Queensland
(No 2) Native Title at Last! The Legal Foundations of the Stolen
Generations and Stolen Wages Stolen Generations Stolen Wages Deaths in
Custody Indigenous Sentencing Courts The Northern Territory Intervention
The Uluru Statement from the Heart Conclusion